NINTH CIRCUIT REHEARS SNOWBOWL CASE
Statement from Arizona Snowbowl
Dec. 14, 2007
On December 11, 2007, an eleven-judge panel of the U.S. Court
of Appeals for the Ninth Circuit heard arguments on rehearing of
a prior decision involving plaintiffs’ environmental and
religious freedom claims against the government and Arizona Snowbowl.
The upgrade proposal in question will enable Arizona Snowbowl to
make snow with A+ reclaimed water, replace old lifts, construct
a new lodge, and create more skiing terrain. Snowbowl officials
are encouraged that the Ninth Circuit voted to reconsider the case
after a three-judge panel of the Ninth Circuit reversed a previous
District Court decision that would have permitted the upgrades.
During the December 11th hearing, the judges posed very pointed
and specific questions to both sides. Attorneys representing Forest
Service and the Snowbowl presented a strong case for supporting
the decision reached earlier by the Coconino National Forest Supervisor,
the Regional Forester and the Federal District Court. Cate Stetson,
the attorney representing Snowbowl, made a strong presentation
regarding the safety of the reclaimed water and the thorough analysis
that was included in the Environment Impact Statement. The one-hour
hearing focused on prior case law relating to burden on religion,
the interest the Government has in allowing activities on public
land, and the use of reclaimed water.
Using reclaimed water for snowmaking is a prudent use of resources.
The ability to make snow at Snowbowl will ensure a consistent operating
season each year, which contributes to the strength of the Flagstaff
economy. The Snowbowl celebrates its 70th Anniversary this winter
and Snowbowl owners are committed to making sure the ski area remains
in business for many years to come.
“There is room for quality recreation on the San Francisco
Peaks,” said J.R. Murray, Snowbowl general manager. “The
Snowbowl operates on just 1% of the Peaks. The Peaks are very special
to everyone in Northern Arizona, not just the Tribes. Skiers have
been very patient and loyal. They deserve better facilities and
a better skiing experience, like at other ski areas located on
public land.”
A Court opinion may not be released for several months. In the
meantime, everyone connected with Snowbowl is very happy with the
recent snowfall and look forward to great skiing and snowboarding
during Snowbowl’s 70th season.
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